I. Terms
Users may not engage in any of the following activities on our ESP system:
• User agrees to the use of an
electronic timesheet via Company’s Employee Services Portal (ESP).
• User
agrees that an electronic signature is an acceptable form of approval of
Consultant’s electronic timesheet, and that his/her electronic signature will
have the same legal effect as a written signature and can be used to
electronically authorize, approve and sign Consultant’s electronic timesheets.
• User
agrees that he/she will establish their own individual password and that he/she
will keep their password confidential.
• User agrees not to provide
material that is grossly offensive to the online community, including blatant
expressions of bigotry, prejudice, racism, hatred, or profanity.
• User agrees not to promote
or provide instructional information about illegal activities, or promoting
physical harm or injury against any group or individual.
• User agrees not to violate
the rights of another, including but not limited to the intellectual property
rights of another.
• User agrees not to violate
Internet standards.
• User agrees not to interfere
with or disrupting the Service or servers or networks connected to the ESP
system transmitting "junk mail", "spam", "chain
letters", or unsolicited mass distribution of e-mail.
• User agrees not to compromise
the security of the ESP system, and not try to gain access to private system
areas or to other Users information.
II. Confidentiality
Strategic Careers and Strategic
IT Services, Inc. makes every
effort to maintain the confidentiality of any information submitted by Users to
our ESP System and our database. However, because we cannot control the conduct
of others, we cannot guarantee that this information will remain confidential.
III.
Indemnification
The
User agrees that neither Strategic Careers nor Strategic IT Services, Inc.
(Company) is responsible for any harm that use of the ESP system may cause. The
User agrees to indemnify, defend, and hold Company harmless from and against
any and all liability and costs incurred in connection with any loss,
liability, claim, demand, damage, and expenses arising from or in connection
with the contents or use of the on-line system. The User agrees that this
defense and indemnity shall also apply to any breach by the User of the
Agreement or the foregoing representations, warranties and covenants. The User
further agrees that this defense and indemnity shall include without limitation
attorney fees and costs. The User also agrees that this defense and indemnity
shall apply to Company, its affiliates, directors, officers and employees. Company
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by the User and the
User shall not in any event settle any matter without the written consent of Company.
IV.
Communications and Other Data
Company is not responsible for any loss of
data resulting from accidental or deliberate deletion, network or system
outages, file corruption, or any other reasons.
V.
Other Rights
Company also reserves the following rights:
• to release current or past
information, in the event Company is subpoenaed for the information
• to deny access to offenders
of these guidelines or the Agreement
VI.
Strategic Careers & Strategic IT Service’s Proprietary Rights
Strategic Careers is the
sole owner of the website,
ESP system and software system, including the 'look and feel' of the system,
the name of the system, and the collective work in designing the ESP system.
Users cannot reproduce any of the system, either electronically or in print,
without prior written permission from Strategic Careers.
The User acknowledges and
agrees that content, including but not limited to text, software, music, sound,
photographs, graphics, video, page layout and design, or other material
contained in the ESP system or information presented through the system is
protected by copyrights, trademarks, service marks, patents, or other
proprietary rights and laws. The User acknowledges and agrees that the User is
permitted to use this system only as expressly authorized by Company or its
affiliates, and may not copy, reproduce, transmit, distribute, or create
derivative works of such content or information without express authorization.
Disclaimer
of Warranties
THE
USER EXPRESSLY AGREES THAT USE OF THE SYSTEM IS AT THE USER'S SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY
MAKES NO WARRANTY THAT THE SYSTEM WILL MEET USER'S REQUIREMENTS, THAT THE SYSTEM
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES COMPANY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SYSTEM OR
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SYSTEM
OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. COMPANY MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SYSTEM.
Limitation
of Liability
THE
USER AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE
INABILITY TO USE THE SYSTEM OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR
DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE USER FURTHER AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE,
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS
JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
VII.
Texas Law to Apply
Any controversy or claim arising out of
or relating to this Agreement or Strategic IT Services, inc. ESP system it is
agreed that this
agreement shall be construed under and in accordance with the laws of the State
of